Wednesday, November 10, 2010

Judith Graves Has Rested Her Bellwether Fosamax® ONJ Case In Chief

So, it is now "half-time" in the latest Fosamax® ONJ Bellwether trial -- Graves v. Merck. Mrs. Graves finished her direct case yesterday, and Merck promptly filed a motion to dismiss the case, without the need to put on a defense case. I think it likely Judge Keenan will deny that Merck motion -- and Merck will begin to put its defense case in, starting tomorrow -- Thursday morning.

If you'd like to decide the matter for yourself, here is a 22 page PDF file of Merck's memo of law, asking Judge Keenan to dismiss the case, and here is a 23 page PDF file containing Mrs. Graves' reply memo of law.

Finally, here are the minute clerk's entries, in Judge Keenan's US District courtroom, for Graves matter, thus far:

. . . .Minute Entry for proceedings held before Judge John F. Keenan: Jury Trial held on 11/1/2010, 11/2/2010, 11/3/2010, 11/4/2010, 11/5/2010 and continued 11/8/2010. (mbe). . . .

The jury could have this case well before Thanksgiving, and might have a verdict by then, as well.

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